A new indictment on the same kickback schemes outlined in a March indictment was handed up in federal court in Scranton on Tuesday against former Lackawanna County Commissioner Robert C. Cordaro and current commissioner A.J. Munchak.

The 39-count indictment outlines the government's racketeering and income tax case against Mr. Cordaro and Mr. Munchak in more vague terms than the original indictment. Instead of listing specific figures paid in the alleged kickbacks, the new indictment refers to "thousands of dollars in cash."

The changes come in the wake of a recent Supreme Court ruling that redefined what constitutes honest-services fraud, a federal statute widely used by federal prosecutors in public corruption cases. The court, in essence, said honest-services fraud only applies if public officials or corporate executives enrich themselves by taking a bribe or a kickback.

The new indictment contains essentially all the same "overt acts" listed in the original indictment with a few exceptions. Gone are the more exotic allegations in the case against Mr. Cordaro, including a free trip to the Playboy Mansion, another trip to Monte Carlo and free New York Yankees baseball tickets.

Like the original indictment, the new indictment refers to the companies only by number, not by name. The new indictment lists eight unnamed companies, not the nine companies that were in the old indictment.

The unnamed company involved in the Monte Carlo trip, referred to only as "Company 8" in the old indictment, was dropped from the new document.

Chris Powell, the Scranton lawyer representing Mr. Munchak, said he will ask Lackawanna County District Attorney Andy Jarbola to open an investigation into the companies that federal prosecutors claim paid off elected officials in exchange for county contracts.

"Taxpayers should know who these rogue vendors are because the federal government is giving them a license to cheat without fear of punishment," Mr. Powell said. "The federal government is not going to prosecute these vendors. In fact, they are giving many of them immunity."

Mr. Powell said Mr. Jarbola has the "right to investigate and prosecute individuals who pay bribes or kickbacks to public officials."

In the old indictment, Mr. Cordaro was charged with allegedly accepting $360,000 from "a principal of Company 2 via a nominee." Sources have identified Company 2 as Acker Associates, a Moscow-based civil engineering company. Acker Associates had been the county engineer until May 1, when it resigned. The company has reorganized under the name Civil Design Partners.

Mr. Powell said he had been told verbally by Assistant U.S. Attorney Lorna Graham, the prosecutor on the case, the names of the companies but she has declined repeated requests to put the names in writing.

A new detail emerged in the alleged kickback paid by "Company 3," identified by sources as Highland Associates, a Clarks Summit-based architectural firm that allegedly paid $90,000 in kickbacks to Mr. Munchak and Mr. Cordaro through Highland Associates principal Don Kalina.

After Mr. Muchak allegedly received cash payments from "Company 3," Mr. Cordaro "called one of the principals to thank them for the cash," the new indictment states.

Mr. Kalina, along with several other officials at Clarks Summit-based Highland, have been granted what prosecutors call "pocket" or limited immunity, according to a source. The original indictment referred to Highland's work on the proposed intermodal bus terminal complex on Lackawanna Avenue in Scranton but the new indictment refers to invoices and checks involving the County of Lackawanna Transit System Authority.

The new indictment resets the clock in the government's case against the two former majority commissioners. They will be required to appear in court for an "initial appearance" and bail will be set. Mr. Cordaro and Mr. Munchak had entered not guilty pleas after the first indictment was returned.

Contact the writer: jmcdonald@timesshamrock.com

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